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(영문) 서울중앙지방법원 2013.08.30 2013고단435

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is that the Defendant, from October 10, 2012 to the second floor of Seoul DD Building, operated a sexual traffic business establishment under the trade name “E”, and that the Defendant paid 1.8 million won per month to manage the business establishment from October 15, 2012, and employed the Chief F.

Around 17:40 on October 17, 2012, the Defendant received 35,00 won per capita from male customers G, H, I, etc., who reported on advertisements posted on the Internet site, and had the head of the office F instruct the above customers to guide the above customers, and then arranged sexual traffic women J (Y, 24 years old), K (n, 22 years old), L (n, 24 years old) by allowing the above male grandchildren to 20 passengers average of 10 passengers per day from October 10, 2012 to October 17, 2012, and by allowing them to attend a similar act against the above male grandchildren, such as inducing them to do an act of arranging sexual traffic from October 2, 2012 to December 26, 2012. < Amended by Act No. 11374, Oct. 17, 2012; Act No. 11374, Oct. 2, 2012>

Accordingly, the Defendant, in collusion with F, committed an act of arranging sexual traffic from October 10, 2012 to October 14, 2012, and from October 22, 2012 to November 26, 2012, in collusion with F, thereby engaging in the act of arranging sexual traffic, etc. by the said method from October 15, 2012 to October 17, 2012.

2. A criminal trial cannot be repeatedly punished for the same offense when the judgment becomes final and conclusive, and where a public prosecution is instituted against the same case with a final and conclusive judgment, a judgment of acquittal shall be pronounced. Whether the facts charged or the facts charged are identical or not shall be based on the defendant's act and the social facts, and its normative elements shall also be considered (see, e.g., Supreme Court Decision 2004Do4758, Nov. 12, 2004). The so-called so-called business crime is a single type of collective crime, the same act is naturally expected to be repeated in light of the nature of its constituent elements, and thus, is a certain act constituting such business crime.